Frequently Asked Questions

No. The main ground for divorce in South Africa is that the marriage has broken down irretrievably. If the court is satisfied of that, it can grant the divorce even if your spouse opposes it. You do not need their permission, and you do not need to prove fault.

In an uncontested (settled) divorce, the spouses agree on property, maintenance and the children, record it in a settlement agreement, and the court makes it an order, usually after one brief appearance. In a contested divorce the spouses cannot agree, and the matter runs as a court case with pleadings, disclosure of documents and ultimately a trial. Settled divorces are finalised far quicker and cost far less.

The full picture is in our divorce guide.

In a settled divorce, usually only the person who issued the summons appears, briefly, for the decree to be granted. A contested divorce involves real litigation and can end in a trial, although most contested divorces settle before that point.

Mediation is a structured negotiation guided by a trained, neutral mediator, aimed at reaching a settlement without a courtroom fight. In the High Court, the rules require both spouses to state upfront whether they are willing to try mediation, and where children's arrangements are disputed, the law requires parents to attempt a mediated parenting plan first. What you agree in mediation becomes a settlement agreement, and the divorce then finishes on the quick, settled route.

Elize is a trained and experienced mediator.

The court will not grant a divorce until it is satisfied with the arrangements for the children. Care and contact must be spelled out, usually in a parenting plan, and the Family Advocate, a neutral state office whose services are free, reviews the arrangements. Both parents remain responsible for child maintenance in proportion to their means.

A written agreement between parents recording where the children live, how contact with each parent works, and how decisions about schooling, health and religion are made. It is prepared with the help of a suitably qualified professional, and it is registered with the Family Advocate or made an order of court.

Not automatically. Spousal maintenance is either agreed in the settlement or ordered by the court after weighing both spouses' means, needs, earning capacity, the length of the marriage and the standard of living during it. Child maintenance is different: that duty is automatic, on both parents, and survives the divorce.

The rules allow an expedited application (Rule 43 in the High Court, Rule 58 in the Regional Court) for interim maintenance, interim arrangements for the children, and a contribution towards your legal costs while the divorce runs. For a spouse who has been cut off financially, this is often the first and most urgent step.

Not by itself. A valid customary marriage requires that both parties are 18 or older, both consent, and the marriage is negotiated and entered into or celebrated according to customary law. Lobola negotiations are usually central evidence of that, and courts have recognised marriages where lobola was only partly paid, but opening negotiations alone does not conclude a marriage.

More in the customary marriage guide.

Yes. The Act says in as many words that failure to register a customary marriage does not affect its validity. Registration matters because the certificate is legal proof of the marriage, which protects you in disputes, especially when a spouse dies. Late registration at Home Affairs is possible (the current window runs until 31 August 2026), and a court can confirm a marriage where needed.

No. A customary marriage can only be dissolved by a court granting a decree of divorce on the ground of irretrievable breakdown. A family decision or traditional separation does not legally end the marriage, and its property consequences continue until a court dissolves it.

Since the Divorce Act was amended in 2024, spouses in a Muslim marriage can divorce through the courts with the same protections as civil marriages, including fair treatment of property and the safeguarding of children, whether or not the nikah was registered. Full recognition of religious marriages at the point of marriage is part of a new Marriage Act still before Parliament.

An antenuptial contract (ANC) is the agreement that takes a couple out of the default in-community-of-property position, and it must be signed before a notary before the wedding and then registered. Changing your property regime after the wedding is possible only through a court application, which is far more involved.

See how the three property regimes compare in the marriage types guide.

Urgently. In domestic violence matters a court can grant an interim protection order without the other person being present, with a final order considered on a return date. Breaching a protection order is a criminal offence with a warrant of arrest standing ready. If you are in immediate danger, call the police first.

Yes. Consultations happen in person in George or virtually via MS Teams, Zoom or telephone, and the practice handles family matters across South Africa and abroad, including international divorce, maintenance and child contact cases.

Your ID, proof of the marriage (a certificate or lobola agreement), your antenuptial contract if you have one, a list of major assets and debts, recent payslips or bank statements if maintenance will be discussed, your children's details, any existing court orders or agreements, and a short written timeline of events.

If you do not have everything, come anyway. The first step is the conversation, not the paperwork.